Paul Boshyk discusses how the Court of Appeal refuses to recognize freestanding "Tort of Harassment" (Law Times) 

news & knowledge 

March 2019

McMillan partner in advocacy and employment group Paul Boshyk was interviewed by Law Times journalist Julius Melnitzer, about how the Ontario Court of Appeal rejected “harassment” as a freestanding tort in employment cases. 

Melnitzer wrote, that refusing to recognize the tort at this time, the court rejected the argument made by the plaintiff’s lawyer in Merrifield v. Canada (Attorney General) that the new tort was necessary because of society’s increased “recognition that harassment is wrongful conduct.” 

Paul said, while it is true that there is increased and long-overdue societal recognition that workplace harassment is completely unacceptable conduct, the Court of Appeal simply did not see any legal gaps warranting the recognition of a new tort at this time. 

“In essence, the court concluded that the tort of harassment was a less onerous version of the already well-established tort of intentional infliction of mental suffering,” said Paul. 

Read the full Law Times article